In whose favor the revolution? What happened at KSU

The constitutional court judges dismissed the head of the COP Stanislav Shevchuk, new head of the court elected Natalia Shaptala.

Ukraine has replaced the head of the constitutional court.

The COP – a difficult body, it is responsible for ensuring the supremacy of the Constitution and ensures that all legislation was in compliance with the Basic law. The court consists of 18 judges, 6 appointed by the President, the Verkhovna Rada and the Congress of judges.

Constitutional court judges are appointed for nine years, and the head they choose for themselves.

In February 2019, the judges chose the head of a COP Stanislav Shevchuk, less than six months, they sent him into retirement. And not just fired as head of the court, and denied the authority of the judge. This was the first time in the history of Ukraine.

Fired for what

In March 2019, the judges of the constitutional court Mykola Melnyk, Serhiy SAS and Igor Slidenko sent his colleagues a letter calling for the resignation of Stanislav Shevchuk from the post of head of the COP.

Violations Shevchuk they painted 30 pages. Among them are: systematic manipulation cases, which are the COP, the regular violations of certain law proceedings, official inaction, and for a long period of absence, violation of the rights of judges, undue interference in their activities, abuse of power, unacceptable politicization of the court’s activities.

Miller, CAC and Slidenko believe that for the last year of the COP “began to turn into a tool to meet political and commercial business interests,”

They impute Shevchuk unofficial meeting of judges, “undercover” arrangements and “collecting” votes under the frost or the decision of the COP.

“Activities Shevchuk as the head of the Court convincingly demonstrated that his election to this position was a fatal mistake. Today it becomes obvious that the further presence of codes on this post will lead to the collapse of the Court and the destruction of constitutional justice as a whole,” they urged.

Shevchuk then called a letter to colleagues working moments. But the Commission, the COP on the regulations and ethics considered the appeal of the judges and rendered a decision on the compliance Shevchuk, post.

Violations accumulated

The basis for the dismissal of Shevchuk from the post was the conclusion of the Commission on rules and ethics, which found in his work a systematic and significant violations.

“The Commission came to the conclusion that there are grounds for dismissal Shevchuk Stanislav Volodymyrovych from the post of judge of the constitutional court in connection with the Commission of a significant disciplinary misconduct, flagrant and systematic neglect of duties incompatible with the status of judges of the constitutional court of Ukraine and revealed its discrepancy of a post”, – is spoken in the decision of the Commission.

In the end, the Commission’s decision was supported by 12 of the 18 judges.

Later, the COP noted that Shevchuk was illegally created in the court of the Institute of freelance advisors. During his work he managed to nominate ex-Minister of economy of Georgia Gregory Arveladze, the former head of the foreign intelligence Service, Oleg Shimanskogo, ex-Deputy Minister of agrarian policy of Michael Cujmir, former Deputy Minister of energy Dmitry Labogena and ex-judge of the regional court of Kharkov Denis Nevedomogo.

Counselors were not paid wages, but they were provided with jobs at the courthouse, and had access to internal documentation.

Also according to the Commission, action Shevchuk led to the undermining of the authority of the COP and discredit him. We are talking about an interview Shevchuk, in which he stated that he will not cause the oath of the President, if he considers that the elections were rigged.

In addition, disclosed the fact that the pressure ex-head COP on the judges. So, 19 February 2019, being in Spain Shevchuk the phone preventing other judges of the constitutional Court to consider the case on the constitutionality of the introduction of Ukraine sanctions.

These violations, the Commission on regulations and ethics considered significant for the dismissal of Shevchuk from the post of judge.

In February 2013, the photographer Vlad Sodel announced the XI Congress of judges of Ukraine – it Natalia Shaptala captured in expensive wristwatches that cost 7-10 thousand dollars.

And in 2016, in the center of a corruption scandal was the son of the newly appointed head of the COP Eugene Saptala (at the time he was a judge of the Kiev appellate economic court).

Public organization of the Lustration Commission of the Odessa region, released a video in which Eugene Saptala and one in Kiev, the judge agreed with the head of one of the Odessa channels on the procedure of bankruptcy of the insurance company Guarantee. These materials were transferred to the NAB.

The then head of the Department of justice concerning lustration Tatiana Kozachenko confirmed that the resonant video was shot by police officers and the GPU has information about this episode.

That said Shevchuk

Shevchuk believes his dismissal is a crime and promises to contact the police.

“Today was an anticonstitutional coup in the constitutional Court of Ukraine and the seizure of state power by persons occupying posts of judges of the constitutional Court of Ukraine”, – said Shevchuk.

“Of course, that behind this crime is the main beneficiary Poroshenko, who is making every effort to retain power by maintaining control over major state institutions,” – said the former head of the COP.

What do you think about Zelensky

Advisor to the newly elected President of Ukraine Vladimir Zelensky Ruslan riaboshapka believes that Shevchuk is simply not perceived as the head of the constitutional court and other judges of the court.

“One of the main factors is the personal rejection of the figure of Stanislav Shevchuk as the head of the constitutional court in other constitutional court judges. Many constitutional court judges complained that the procedures in the COP are carried out not, as provided by law, and often managed in a manual mode by the head of the court, there were many other procedural violations. It’s all accumulated in a certain period, and, in the end, resulted in the decision of constitutional court judges,” said riaboshapka.

New judge

On the same day, may 14, judges were elected and the new leader of the COP. For the first time in the history of Ukraine the court will be headed by a woman – Natalia Shaptala.

She is originally from Donetsk, became a judge of the COP September 2010, voted for a return to the 1996 Constitution, which allowed then-President Viktor Yanukovych to concentrate power in their hands.

24 Feb 2014 the Verkhovna Rada adopted the President proposed and Congress of judges dismiss for violation of the oath 7 judges, among them was Saptala. The basis for the dismissal of judges by Parliament acknowledged their acceptance in violation of the law and their responsibilities a number of high profile decisions during the rule of Viktor Yanukovych in particular, in the so-called parliamentary “carcasses” and in the case of the return of the Constitution of 1996.

But Saptala not fired, she continued to remain the judge of KS.

In February 2019 of Saptala was among the judges who supported the abolition of article of the Criminal code on illicit enrichment. After that NABOO was forced to close a number of high-profile investigations. Separate opinion in connection with this decision was expressed by the seven judges of the constitutional court – was not among them Aptly.

In addition, Natalia Shaptala is one of the speakers in reviewing the constitutionality of the law on lustration (About the cleansing power), which was adopted in 2014. If the COP recognizes it unconstitutional, the law will be repealed. In this case, Shaptala remembered that in 2015, attracted an expert, the former head of the CEC and people’s Deputy-“regional” Sergey Kivalov. He not only came under the law on lustration, but also was the initiator of the idea about its abolition and one of the author of the appeal to the constitutional court.

Why her?

A natural question arises why then, with such a reputation Chaptal made the head of the court?

This is a technical compromise figure, experts explain. In September of 2019 she ends the powers of the constitutional court judges. That is, the head of the court of Saptala will be three months, one of them – August is the month when the COP is on vacation.

In fact, it will only lead to the inauguration of President Vladimir Zelensky. And in September 2019, the judges will have to appoint a new chair of the COP.